Don't muddy gun law on evacuations: My Word

April 19, 2014|By Jerry L. Demings

As Orange County sheriff, I am sworn under oath to support, protect and defend the U.S. Constitution, and I will defend with vigor the Second Amendment rights of citizens to keep and bear arms. However, I am concerned about attempts, such as a proposal now before the Florida Legislature, to broaden the circumstances in which a person may carry a firearm. My concern is based on the daily violence and carnage seen on the streets of our nation and state.

Therefore, I stand with my colleagues in the Florida Sheriffs Association in expressing opposition to House Bill 209, which would authorize carrying a concealed firearm "in the act of complying with" a mandatory evacuation in a state of emergency. Its companion bill, Senate Bill 296, was amended to specify that it applies only to a state of emergency declared by the governor, not a local authority.

It sounds technical, but the problem with the proposed legislation is with the phrase "in the act of complying with." It is not defined and would be difficult for law-enforcement officers to interpret. It would be analogous to the confusion involving the "stand your ground" law. The potential for misunderstanding and misinterpretation of a vague law dealing with weapons and emergencies raises legitimate safety concerns. The law already permits transporting securely encased firearms in motor vehicles, and it allows those with an appropriate permit to carry concealed firearms.

What is the potential impact to the safety of our citizens and guests if the law fails to establish adequate parameters and safeguards? Is the change really needed? Not everyone can meet the standards to carry a concealed firearm in our state, and the last thing we want is to put our citizens and guests in harm's way because the law was vague and, therefore, inconsistently applied.

For example, how long does the authority last to carry a concealed firearm from one county to another, and does it conclude when a safe destination is reached? Again, please note the law already permits transporting securely encased firearms in motor vehicles and people with permits to carry concealed firearms, including during a state of emergency.

So what is this legislative proposal all about? You be the judge, but please join me in urging members of our Legislature to carefully assess whether the law needs to be changed.